In Ermoian v. Desert Hospital, ___ Cal.App.4th ___ (Jun. 22, 2007), the Court of Appeal (Fourth Appellate District, Division Two) addressed the doctrine of implied findings and what the appellant must do to avoid application of that doctrine. The Court held that filing a proposed statement of decision and an objection the opposing party's proposed statement of decision was not sufficient, at least in the case before it, to "effectively bring the deficiencies in the [trial court's] proposed statement of decision to the [trial court's] attention." Slip op. at 36.
Another interesting thing about this decision is how the Court dealt with the defect in the original notice of appeal, which was prematurely filed:
Because the notice of appeal was filed before the entry of judgment, we dismissed Amanda’s appeal as premature, without prejudice to reinstating the appeal upon proof of entry of judgment. Following the entry of judgment, we granted Amanda’s motion to vacate the order of dismissal and reinstate the appeal.
Id. at 34.